Recruiter Terms and Conditions

Please read these conditions carefully before using the EqualEngineersJobs.com website. By using the EqualEngineersJobs.com website, you signify your agreement to be bound by these conditions:

Jobs and CV Search

General

  1. The following definitions apply:
  • "Client" means the company, firm or organisation which has set up an account with EqualEngineers in order to use the Services.
  • "Start Date" means the date for the commencement of the Services as set out in the Order Confirmation.
  • "Order Confirmation" means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of orders via the EqualEngineers sales team, the form signed by the Client confirming details and Pricing Model(s) of the Services ordered by the Client.
  • "Pricing Model(s)" means the pricing models offered by EqualEngineers as set out in clause 3.
  • "EqualEngineers" means Equal Engineers Ltd, acting through its division EqualEngineersJobs.com.
  • "Services" means the online recruitment services as set out in clause 2.
  • "Terms" means these terms and conditions.
  • "Website" means www.EqualEngineersJobs.com and includes without limitation its content, databases, software, code and graphics.

2. The following Services are available from EqualEngineers via the Website:

  • Standard Job Posting: A service whereby a Client will post a job for a with a time period to expiry set (typically 30 days).
  • Featured Job Postings: A service whereby Clients may specify that one or more job postings appear in "Featured Jobs" pages/spaces on the Website.
  • Premium Job Postings: A service whereby the Client's job postings will be given greater prominence in job listings. 
  • Job of the Week: A service whereby a Client pays for a job posting to appear permanently on the homepage for 7 days.
  • CV Search: The Client will be given access to a search engine to search for candidate CVs which match the criteria and filtering set by the Client. Various bundles of CV downloads may be purchased, subject to a fair usage cap.
  • Branding Opportunities: various opportunities to promote Client brands are available, including Recruiter Profile, where EqualEngineers will post a profile of the Client's company or organisation on the Website for an agreed time. Guest blog editor posts also provide opportunity for additional branding.
  • Email Services: various email services are available, including targeted emails, where EqualEngineers will send a one off email with details of the Client's job(s) to an agreed number of the most recently registered candidates who match the criteria set by the Client.

 3. The following Pricing Models are available in relation to the Services offered:

  • Postings by Volume: (i) the Client will buy the agreed number of job postings as set out in the Order Confirmation; (ii) the agreed pricing and payment method will be set out in the Order Confirmation, (iii) all job postings must be posted within 12 months of date of purchase (unless otherwise set out in the Order Confirmation).
  • CVs by Volume: (i) the Client will buy the agreed number of CV downloads as set out in the Order Confirmation; (ii) the Client will pay upfront for the CV downloads; (iii) the Client is entitled to download CVs at any time within the contract period set out in the Order Confirmation subject to EqualEngineer’s fair usage policy set out under clause 44.
  • Postings On Demand: (i) no minimum commitment is required from the Client, (ii) an unlimited number of jobs may be posted with a maximum of 500 live jobs at any one time (unless otherwise set out in the Order Confirmation), (iii) the Client will be charged for every job posted in accordance with the pricing matrix set out in the Order Confirmation.
  • CVs On Demand: (i) no minimum commitment is required from the Client, (ii) the Client is entitled to download an unlimited number of CVs subject to EqualEngineer’s fair usage policy set out under clause 44, (iii) the Client will be charged for the number of CV downloads in accordance with the pricing matrix set out in the Order Confirmation.
  • Subscription Services - Job Postings: the Client may post an unlimited number of jobs at the price and in the contract period set out in the Order Confirmation subject to a maximum of 500 live jobs (unless otherwise set out in the Order Confirmation) at any one time.
  • Subscription Services - CV Search: the Client is entitled to download an unlimited number of CVs subject to EqualEngineers’ fair usage policy set out under clause 44 at the price and in the contract period set out in the Order Confirmation.

4. EqualEngineers shall provide the Services in accordance with these Terms. Clients must set up an account with EqualEngineers in order to gain access to the Services. The Services do not constitute an offer by EqualEngineers, and EqualEngineers reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.

5. A legally binding contract between EqualEngineers and the Client comprising these Terms and the Order Confirmation will come into effect when (i) in the case of online orders, the screen confirming successful purchase of Services appears on the Website or (ii) in the case of orders via the EqualEngineers sales team, EqualEngineers has received the Client's completed Order Confirmation. The Client acknowledges that such contract is conditional upon the Client passing EqualEngineers's credit checking process.

6. EqualEngineers shall perform the Services using information and criteria supplied by the Client. It is the Client's responsibility to provide accurate and up to date information

7. The Client undertakes not to submit for inclusion in any job posting, its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect EqualEngineers or the company’s reputation

8. Other than for Services paid for online using credit or debit cards (where EqualEngineers will provide payment confirmation after payment has been taken), EqualEngineers shall issue an invoice to the Client on formation of contract as set out in clause 5 above, and in the case of Subscription Services, at agreed intervals in advance thereafter. The Client shall pay EqualEngineer's invoices in full within 30 days from the date of invoice. In the event of late payment, EqualEngineers may suspend any or all of the Services until payment is received. In the event that the Client fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), EqualEngineers may terminate the Services and all outstanding invoices shall become payable immediately. In the case of subscription Services, the fees in respect of any outstanding minimum term shall also become payable immediately. For the avoidance of doubt, the Client shall remain liable for payment of all agreed Services notwithstanding such Services have been suspended or terminated under this clause 8. Without prejudice to any other remedy, EqualEngineers reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.

9. Online payment services will be carried out by Stripe. Online card payments shall be subject to Stripe’s Terms of Service.

10. The Client may provide EqualEngineers with a recurring payment authority to enable EqualEngineers to take regular payments from the Client's nominated debit or credit card for payment of the Services. Such authority must be provided to EqualEngineers' sales team online through the Client's Recruiter account. When a recurring payment authority has been provided, EqualEngineers will be entitled to take regular payments for the Services from the nominated debit or credit card without the need to obtain individual authorisation for every payment. The Client may cancel or update a recurring payment authority at any time online in the Client's Recruiter account. The Client will remain liable for any outstanding fees (if any) in the event that a recurring payment authority is cancelled prior to paying for all Services provided.

11. Once a contract has been formed, EqualEngineers cannot accept any cancellation of the agreed Services: No refunds will be given and outstanding invoices shall remain payable. Without prejudice to the foregoing:

(i) Subscription Services (Job Search and CV Search) are for a minimum term of 12 months unless otherwise agreed with EqualEngineers. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable. These services will automatically renew for a further minimum term of 12 months on the same terms and fees as are applicable on the date immediately prior to the relevant anniversary date, unless either party gives the other written notice to terminate at least 28 days prior to such anniversary.

(ii) For the avoidance of doubt, Standard, Featured and Premium Job Posting credits and CV Search credits credits do not roll over beyond the contract end date. Any Job Postings that are live on the Website will remain live until their expiry date, but no new Job Postings can be made using the credits from the relevant contract.

(iii) For Services purchased online, refunds may occasionally be given at EqualEngineers’ sole and absolute discretion.

12. EqualEngineers may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.

13. EqualEngineers reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.

14. Without prejudice to any other remedy, EqualEngineers may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if EqualEngineers has reasonable grounds to believe that the Client cannot or will not pay its debts.

15. EqualEngineers reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:

a. the Client has not provided full or accurate contact or company information;

b. EqualEngineers considers the Client is acting inappropriately or illegally;

c. the Client is using the Website to advertise websites, services, businesses and/or business opportunities (unless the business is an agreed franchise system opportunity) in any part of the job vacancy or on any part of the site;

d. the Client fails EqualEngineers’ credit checking process, or defaults on payment;

e. the Client resells job postings; and/or

f. the Client has shared its CV Search access with a third party.

16. The Client agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.

17. All intellectual property rights connected with the Services and/or the Website shall remain vested in EqualEngineers or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.

18. EqualEngineers cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results. For the avoidance of doubt, no Service is guaranteed to result in a placement.

19. EqualEngineers shall not be in breach of these Terms if events beyond its reasonable control prevent EqualEngineers from performing the Services.

20. It is the Client's responsibility to protect their computers against any viruses and malware.

21. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between EqualEngineers and the Client. The Client acknowledges that it has not relied on any representation made by EqualEngineers in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.

22. In the event that the Client makes a claim against EqualEngineers for whatever reason, EqualEngineers’ liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall EqualEngineers be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude EqualEngineers’ liability for death or personal injury by negligence or any other liability which cannot by law be excluded.

23. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.

24. Notices to EqualEngineers shall be sent by email to info@equalengineers.com and notices to the Client shall be sent by email to the address supplied on set up of the Client's account.

25. From time to time EqualEngineers will contact Clients in order to evaluate the service they receive and also to promote EqualEngineers’ services and products. EqualEngineers monitors the quality of vacancies from time to time in order to provide a better service to candidates.

26. The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of EqualEngineers. Breach of this clause shall be a material breach and will entitle EqualEngineers, without prejudice to any other remedies it may have, to terminate the Client's account and Services immediately.

27. The Client will not be entitled to bring any claim or legal proceedings in respect of any refund or other repayment, howsoever arising, 2 years after the date on which entitlement to such refund or repayment arose. For the avoidance of doubt, the Website terms and conditions apply in addition to the above Terms.

28. The Client shall not resell any Services.

29. The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Job Postings

30. By submitting a vacancy to the Website, the Client is authorising EqualEngineers to post such vacancy and submit candidates ranked by EqualEngineers in accordance with the Client's criteria (if any).

31. The Client is responsible for the content of the vacancy and will indemnify EqualEngineers against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.

32. The Client shall include in the job description the following information:

  •  Any qualifications and/or authorisations required by law or any or by any relevant professional body;
  •  If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
  • Where the Client is an employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.

33. The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.

34. EqualEngineers expects Clients at all times to write inclusive job descriptions which will maximise the appeal to underrepresented groups.

35. Applicants' responses will be forwarded by EqualEngineers by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants' responses and EqualEngineers accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.

36. All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job posting are the responsibility of the Client, and EqualEngineers accepts no liability whatsoever therewith. The Client will indemnify EqualEngineers against any Losses in connection therewith.

37. The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998 and the Equality Act 2010. By submitting a vacancy to the Website, the Client thereby confirms that the content of the vacancy complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at:

https://www.equalityhumanrights.com/en/publication-download/employment-statutory-code-practice

The Client shall indemnify EqualEngineers against any Losses in connection therewith.

38. The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on EqualEngineers’ site, communications with applicants and management of applicants' details. The Client shall indemnify EqualEngineers against any Losses in connection therewith.

39. The Client shall not post any vacancy where:

(1) there is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the Client undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or

(2) the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the candidate to be placed, (i) to obtain copies of any relevant qualifications or authorisations of the candidate; (ii) to obtain two references from persons who are not relatives of the candidate; and (iii) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.

By posting any vacancy set out in sub-clauses 39 (1) and (2) above, the Client is deemed to give the relevant undertakings. Where the Client is an employment business or agency, the Client shall offer copies of the documents obtained under sub-clauses 39 (2) (i) and (ii) to the hirer.

40. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold EqualEngineers harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.

41. EqualEngineers reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:

  • those that EqualEngineers considers illegal, inappropriate or fraudulent
  • those that directly or indirectly require or ask for application or registration fees
  • those that advertise, pyramid, network marketing or get-rich-quick schemes
  • those that have been indiscriminately posted or duplicated across multiple sectors
  • those that advertise websites, services, businesses, business opportunities and/or contact details
  • those of Clients who solicit staff from any member of EqualEngineers.

42. Complimentary job postings (if allocated) are allocated to the Client as a company, firm or other organisation, rather than to individual users or business units. Franchised businesses are allocated free job postings centrally - to be shared amongst its franchisees - and not to each franchised operation.

43. Complimentary use is at the discretion of EqualEngineers. Breach by the Client of any of these Terms may result in the complimentary services being withdrawn from the Client. In the event that the Client has any outstanding debt owing to EqualEngineers, complimentary Services shall be withdrawn.

CV Searching

44. The number of CV downloads is subject to a fair usage cap: this is 200 CV downloads per user per day (unless otherwise set out in the Order Confirmation). A user is a person or organisation with a unique login. A Client may have more than one user where agreed with EqualEngineers. For the purpose of the fair usage cap, each of the following will count as one download: (i) downloading a candidate's CV from the Website onto any computer device such as a PC, phone or tablet computer; (ii) viewing a candidate's full profile on the Website; (iii) adding a candidate to a shortlist created on the Website; (iv) sending a message to a candidate via the Website. Previewing a candidate's profile will not be considered as a download.

45. CV search access can only be used for recruitment purposes. Using CV Search for the purposes of marketing or direct selling to candidates is prohibited, and will result in the suspension of the account.

46. The Client shall not use any automated computer program to search for and/or download information on candidates. Breach of this clause 46 will result in suspension of the Client's account.

47. The Client shall not share its access to CV Search with any third party.

48. The Client and EqualEngineers agree to keep the terms of the Contract and all information that is obtained about the business, finances, technology and affairs of the other strictly confidential.  This clause shall not apply to information which has come into the public domain other than by breach of this clause or is required to be disclosed by law.

49. The Client shall keep confidential and not supply or make available to any person CVs and personally identifiable candidate information that the Client receives from the EqualEngineers or any candidate without the candidate’s express consent.